All Articles

E-Discovery

No Longer Alternative: How ALSPs Positioned for Growth During the Pandemic and Covid-19 Beyond

While the Covid-19 pandemic has changed how many operate and work around the globe, for captive Alternative Legal Service Providers (ALSPs) like Herbert Smith Freehills’ Alternative Legal Services (“ALT”) practice, the shift was seamless. The global team had rolled out a cloud-based e-discovery platform in 2019, preceding the pandemic, which enabled the team to thrive.

Read More

The Conflicted World of Third-Party Releases

On September 1, 2021, a bankruptcy court in New York confirmed a Chapter 11 reorganization plan of Purdue Pharma L.P., one of the country’s largest opioid manufacturers.[1] The plan was significant in that it resolved Purdue’s liabilities linked to the opioid epidemic in exchange for, inter alia, $10 billion in funding to address the opioid crisis. But that was not all.

Read More

Litigation

Negotiating Settlements: 9 Tips for Paving the Way from Dispute to Deal

The vast majority of litigations and arbitrations ultimately yield a negotiated settlement. Here are some considerations to help you navigate that under-analyzed but hugely impactful aspect of dispute resolution, whether in an informal early-stage phone call, a formal mediation, or on the proverbial courthouse steps.

Read More

Litigation

Flipping the Script on Litigation

Corporations involved in commercial disputes often view litigation as an undesirable last resort. To read the prevailing commentary, one can hardly blame them.

Read More

Corporate Counsel

Arbitration, Business, and Human Rights

Ten years ago this summer, the United Nations Human Rights Council unanimously endorsed the Guiding Principles on Business and Human Rights (the "UNGPs"). The UNGPs are perhaps the most prominent manifestation of an accelerating global trend toward accounting for a legal or quasi-legal obligation on the part of corporations to conduct business in a manner that respects human rights.

Read More

Mergers & Acquisitions

Employment Considerations in Mergers and Acquisitions

Tyler Hendry and James Robinson of Herbert Smith Freehills summarize the restructurings and PPP loans in the shadow of COVID-19, and how this has affected deal-making in 2021.

Read More